Jonathan Hall KC, the Independent Reviewer of Terrorism Legislation and Independent Reviewer of State Threats Legislation, gave a lecture earlier this week on the subject of "The Lessons of Bondi Beach: Terrorism, Hatred and the Law". He considers the relevance of hate speech to terrorism; that conventions concerning collective hostility on the basis of race or nationality have been ignored in the case of Jews and Israelis; and finally he suggests what the law might do about it.
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transcript is available at this link. It makes interesting points relevant to this discussion.
One of his conclusions is:
"It should be possible for marches to be held against Israel’s actions in Gaza without hatred, but the scorecard in avoiding hatred is not good. " Serious disorder cannot be the only basis for restricting marches." When he talks about hatred, he is here talking about antisemitism, an similar rules against hatred of various communities.
He does not think anti-terrorist legislation is a good basis for addressing the antisemitism he detects is too common in pro-Palestinian activity. He seems rather seems to think that anti-hatred legislation can be used to restrict such from demonstrations from occurring.
I think the problem with that approach is the first part of that concluding quote, "It should be possible for marches to be held against Israel’s actions in Gaza without hatred..." Maybe I've misunderstood, and he is not saying, ban all pro-Palestinian demonstrations. Maybe he is saying only ban those from organisers with a track record of failing to avoid antisemitism. But when he says the track-record of avoiding it is poor, he seems to be thinking of banning all of them. If that is what he is saying, I think it actually risks great anger that people do not have an a way of expressing their disquiet about something that troubles them much.
But maybe I have misunderstood, and this is capable of working, while giving people a realistic way of protesting about what is going on in Gaza and the West Bank. For I think many who wish to make that point also wish to avoid the hatred he refers, and he acknowledges that is possible.
He also mentions the high cost of having to defend against terrorist threats, that some have mentioned here.
"The alternative is higher and higher walls. A suspect community of Jews relying on volunteers and receiving government grants to strengthen security."
Indeed this is a terrible problem. Unfortunately, I'm not persuaded that his remedies will do much about it. I don't think what he says does succeed in avoiding the terrorism risk to the Jewish community in the context of a widespread perception of a massive injustice in Palestine. But maybe I have misunderstood and can be persuaded otherwise.
I also wonder a bit about some of the interim points he made. He makes the sensible point, I have repeatedly made, about the importance of distinguishing the actions of individuals, governments and groups from entire communities.
"The evils of Putin’s regime do not mean that we hate Russians. We distinguish between the people of Iran and the Ayatollahs. The Chinese people are not the Chinese Communist Party. There is a long-standing distinction between governments or states and people that reflects common humanity."
In particular, he recognises the risks of Islamophobia, etc.
"...the current UN Rapporteur on terrorism, Professor Ben Saul, has called on authorities to ensure that Muslim Australians and migrant communities are not stigmatized in debate."
But he seems to think that there is an asymmetry when it comes society avoiding the risks of antisemitism.
"But there is an exception to this rule. When it comes to demonstrations against Israel, we witness a delight in words that spread hatred incautiously. Hatred expressed to Zionists invites hostility to every Israeli and to Jews worldwide. Contrary to all good practice, Zionist is a term that invites stigma and othering. ... The silence from swathes of academia, and from rapporteurs, about the risk of stigmatizing Israelis and Jews is deafening."
Is that really true, that we are taking greater and stronger steps to Islamophobia than antisemitism? Certainly the recent West Midlands case is an example where something like that has happened. But it is an unusual and rare case. In the wider context, I would cite the recent processes to expunge antisemitism from the Labour Party (and I do agree that the likes of Jeremy Corbyn and Ken Livingstone have suffered from a failure to understand what is antisemitism); I would cite the virulent Islamophobia of the right wing in today's politics. In this wider context, is it really true that there is a deafening silence in relation to trying to avoid antisemitism that is greater than our failures to avoid Islamophobia and other community hatreds? Or is it just that antisemitism has been so strongly discussed for so long that there isn't much new to say, so people don't. Whereas Islamophobia, homophobia, transphobia, etc, are the ones in the news because they are new issues and less fully worked out?